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HomeMy WebLinkAbout03/28/83a V: March 28, 1983 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa at 7:00 p.m. on March 28, 1983. Mayor Pro -Tem in the Chair. Roll Call: Getty, Penaluna, Roehr, Wilharm, Burton, Bowers. Absent: Dowie. Invocation by Bowers 83801 - Moved by Burton, seconded by Bowers that the Agenda, as amended for the Regular Session of Oarch 28, 1983, at 7:00 p.m., be accepted and approved. Kation carried. i 83802 - Moved by Burton, seconded by Getty that the Minutes of the Regular Session held March 21, 1983 at 7:00 p.m., be approved. Motion carried. HEARINGS 83803 - Moved by Bowers, seconded by Penaluna that proof of publication of notice of public hearing on the adoption of the 1982 Uniform Building Code for the City of Waterloo as published in the Waterloo Courier on March 11, 1983 be received and placed on file. Motion carried. 83804 - HOLD HEARING --This being the time and place of hearing, the Mayor Pro -Tem called for written and oral objections and there were none. Jim Payne, representative of the Waterloo -Cedar Falls Home Builders, spoke in support of the Code's adoption. Y. Ed Paulson, representative of the Waterloo Building Trade Employers Assoc ,'& Associated General Contractors, spoke in support of the Code's adoption. Moved by Getty, seconded by Burton that "an ordinance amending the Code of Ordinances, City of Waterloo, Iowa, Chapter 9, Buildings, by adopting by Reference the Uniform Building Code, 1982 Edition, as published in 1982 by the International Conference of Building Officials, which regulates the construction, repair and use generally of all buldings and/or structures in the City of Waterloo, Iowa; providing for the issuance of permits`.and collection of fees therefore; and the repealing of any and all ordinances and parts of ordinances in conflict therewith", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. 83805 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing to vacate, sell and convey alley adjacent to 803 W. 5th Street, Lyle B. Shriver, as published in the Waterloo Courier on March 11, 1983, be received and placed on file. Motion carried. March 28, 1983 HEARINGS CONTINUED Page Two 83806 - HOLD HEARING --This being the time and place for public hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Getty, seconded by Wilharm that "an Ordinance to vacate, sell and convey alley adjacent to 803 W. 5th Street, Lyle B. Shriver, be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. 83807 - Moved by Penaluna, seconded by Wilharm that proof of publication of notice of public hearing on site plan for National Dairy Cattle Congress --Construction of Livestock Arena as published in the Waterloo Courier on March 18, 1983 be received and placed on file. Motion carried. 83808 - HOLD HEARING --This being the time and place for hearing, the Mayor Pro -Tem called for written objections and there were none. Moved by Wilharm, seconded by Getty that "a resolution approving a site plan for the National Dairy Cattle Congress -Livestock Arena", be adopted. Ayes: Five. Absent: Dowie. Bowers obstained for reason of conflict with Section 362.6 of the Code of Iowa. Resolution adopted and upon approval by Mayor assigned No. 1983-89. ORAL PRESENTATIONS 83809 - Bill Smith, representing Waterloo Cablevision, presented a check to the City of Waterloo in the amount of $91,178.02 as the City's 3% franchise fee. The Mayor and Council thanked him. Moved by Wilharm, seconded by Burton that the above described check be deposited in the appropriate fund. Motion carried. 83810 - Mrs. Arthur Pekrul, 1037 Home Park Blvd., asked that the Council consider allowing her to retain all seven (7) of her dogs (see Board of Adjustment action on March 22, 1983). She presented a petition with numerous persons in support of her continued possession of the dogs. Assistant City Attorney, Vic Kennedy stated that the Council's only recourse would be to amend the Zoning Ordinance to allow additional dogs in residential areas. Moved by Getty, seconded by Bowers that the above remarks be received, placed on file, and that this item be placed on the Council agenda of April 4, 1983. Ayes: Six. Absent: Dowie. Motion carried. March 28, 1983 Page Three ORAL PRESENTATIONS CONTINUED Mayor Pro -Tem introduced Troop #29 from Castle Hill School PETITIONS FROM PUBLIC 83811 - Moved by Wilharm, seconded by Bowers that communication from Planning, Programming and Zoning Commission transmitting request of Paul Loomis, 927 Baltimore for vacation, sale and conveyance of Forest Avenue lying between Baltimore Street and Western Avenue, be received, placed on file, and "Resolution setting date of hearing as April 18, 1983, at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. .Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-90. REPORTS 83812 - Moved by Burton, seconded by Getty that communication from Planning, Programming and Zoning Commission recommending the publication of public notice of General Revenue Sharing, be received, placed on file, and Clerk/Auditor instructed to publish said notice. Motion carried. DOCUMENTS 83813 - Moved by Getty, seconded by Bowers that contract for the extension of the original lease of McElroy Auditorium from June 1, 1983 thru May 31, 1986, be received, placed on file, and action delayed for one (1) week. Motion carried. RESOLUTIONS TO BE ADOPTED 83814 - Moved by Wilharm, seconded by Getty that "Resolution authorizing the execution of memorandum of agreement with Allen Memorial Hospital Corp., and fixing a date of hearing on Hospital Facility Revenue Bonds on an amount not to exceed $12,000,000 (Allen Hospital Project) and hearing set as April 18, 1983 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Nayes: Burton. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-91 83815 - Moved by Wilharm, seconded by Bowers that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. (amendment to Ordinance No. 2644, known as Subsection (3) South St., to Section 562 A Two Hour Parking). Ayes: Five. Nayes: Getty. Absent: Dowie. Motion not carried. March 28, 1983 HEARINGS CONTINUED '" I "IN r7 Page Two 83806 - HOLD HEARING --This being the time and place for public hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Getty, seconded by Wilharm that "an Ordinance to vacate, sell and convey alley adjacent to 803 W. 5th Street, Lyle B. Shriver, be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. 83807 - Moved by Penaluna, seconded by Wilharm that proof of publication of notice of public hearing on site plan for National Dairy Cattle Congress --Construction of Livestock Arena as published in the Waterloo Courier on March 18, 1983 be received and placed on file. Motion carried. 83808 - HOLD HEARING --This being the time and place for hearing, the Mayor Pro -Tem called for written objections and there were none. Moved by Wilharm, seconded by Getty that "a resolution approving a site plan for the National Dairy Cattle Congress -Livestock Arena", be adopted. Ayes: Five. Absent: Dowie. Bowers obstained for reason of conflict with Section 362.6 of the Code of Iowa. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-89. ORAL PRESENTATIONS 83809 - Bill Smith, representing Waterloo Cablevision, presented a check to the City of Waterloo in the amount of $91,178.02 as the City's 3% franchise fee. The Mayor Pro -Tem and Council thanked him. Moved by Wilharm, seconded by Burton that the above described check be deposited in the appropriate fund. Motion carried. 83810 - Mrs. Arthur Pekrul, 1037 Home Park Blvd., asked that the Council consider allowing her to retain all seven (7) of her dogs (see Board of Adjustment action on March 22, 1983). She presented a petition with numerous persons in support of her continued possession of the dogs. Assistant City Attorney, Vic Kennedy stated that the Council's only recourse would be to amend the Zoning Ordinance to allow additional dogs in residential areas. Moved by Getty, seconded by Bowers that the above remarks be received, placed on file, and that this item be placed on the Council agenda of April 4, 1983. Ayes: Six. Absent: Dowie. Motion carried. March 28, 1983 Page Three ORAL PRESENTATIONS CONTINUED Mayor Rooff introduced Troop #29 from Castle Hill School PETITIONS FROM PUBLIC 83811 - Moved by Wilharm, seconded by Bowers that communication from Planning, Programming and Zoning Commission transmitting request of Paul Loomis, 927 Baltimore for vacation, sale and conveyance of Forest Avenue lying between Baltimore Street and Western Avenue, be received, placed on file, and "Resolution setting date of hearing as April 18, 1983, at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-90. REPORTS 83812 - Moved by Burton, seconded by Getty that communication from Planning, Programming and Zoning Commission recommending the publication of public notice of General Revenue Sharing, be received, placed on file, and Clerk/Auditor instructed to publish said notice. Motion carried. DOCUMENTS 83813 - Moved by Getty, seconded by Bowers that contract for the extension of the original lease of McElroy Auditorium from June 1, 1983 thru May 31, 1986, be received, placed on file, and action delayed for one (1) week. Motion carried. RESOLUTIONS TO BE ADOPTED 83814 - Moved by Wilharm, seconded by Getty that "Resolution authorizing the execution of memorandum of agreement with Allen Memorial Hospital Corp., and fixing a date of hearing on Hospital Facility Revenue Bonds on an amount not to exceed $12,000,000 (Allen Hospital Project) and hearing set as April 18, 1983 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Nayes: Burton. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-91 83815 - Moved by Wilharm, seconded by Bowers that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. (amendment to Ordinance No. 2644, known as Subsection (3) South St., to Section 562 A Two Hour Parking). Ayes: Five. Nayes: Getty. Absent: Dowie. Motion not carried. March 28, 1983 Page Four ORDINANCES TO BE ADOPTED 83816 - Moved by Burton, seconded by Penaluna that an "Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (3) South street to Section 562A, Two Hour Parking", be received, placed on file, passed and considered for the second time. Ayes: Five. Nayes: Getty. Absent: Dowie. Motion carried. BILLS PAYMENTS 83817 - Moved by Wilharm, seconded by Bowers that "Bills, Resolution Schedule A", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-92. 83818 - Moved by Wilharm, seconded by Getty that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Intercity Interceptor, Stage I, FY 1983 Orange Grove Trunk Sewer, Contract No. 247 Pay est mate o. I to Lametti & Sons, Inc. -- $67,782.00. FY 1983 Conwa Vicinitj Parking Ramp, Contract No. 241 Ta5;-estimate No. 5 to Cardinal Construction Co. -- . Castle Hill Drainage Improvements - Helen Road Culvert Replacement and Railroad Cut, Contract No. 222 Final statement from Brice, Petrides & Associates, Inc.--$T-,TR-.TJ. Crossroads Storm Water Management Stud Statement from Brice, Petrides & Associates, Inc. --$28,330.42. Pleasant Valley Drive Storm & Sanitary Sewer Improvements Study & Report. Statement rom Brice, Petrides & Associates --$19,000.00. Vincent Road Sanitary Sewer Investigation, Analysis & Report Statement from Brice,etrides & ssociates-- , , be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-93. NEW BUSINESS 83819 - Moved by Bowers, seconded by Burton that communication from Fire Chief transmitting recommendation on the following promotions to the Waterloo Fire Department: Fireman Robert E. Rodgers to the rank of Fire Equipment Operator F.E.O. Robert G. Joens to the rank of Lieutenant Lt. Raymond H. Moore to the rank of Captain Captain Francis Magsamen to the rank of Division Chief, be received, placed on file, and approved. Motion carried. March 28, 1983 NEW BUSINESS CONTINUED 83820 - Moved by Wilharm, seconded by Getty .MN Page Five that communication from Civil Service Commission transmitting the list of individuals eligible for appointment to the Waterloo Police Department, be received and placed on file. Motion carried. 83821 - Moved by Burton, seconded by Bowers that communication from Director of Health and Sanitation transmitting the retirement of Perry Goodsell, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Perry Goodsell in the amount of $9,176.23", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-95. 83822 - Moved by Wilharm, seconded by Dowie that communication from Police Chief transmitting the appointment of three officers to the Waterloo Police Department, be received and placed on file. Motion carried. 83823 - Moved by Bowers, seconded by Burton that communication from Fire Chief transmitting the retirement of Verlin R. Fairbanks, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Verlin R. Fairbanks in the amount of $18,785.48", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-96. 83824 - Moved by Bowers, seconded by Burton that communication from Fire Chief transmitting the retirement of Luverne McGrane, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Luverne McGrane in the amount of $12,674.63", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-97. 83825 - Moved by Wilharm, seconded by Getty that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Electrical Inspector to attend Iowa Chapter of International Association of Electrical Inspectors Annual meeting, April 26-28, 1983, Fort Dodge, Iowa -- $196.50. Three Police Officers to attend 83rd Basic Police Training School March 28 - June 10, 1983 Johnston, Iowa --$1,018.50. Plan & Program Director to testify before the Sub -committee on Energy & Water Development for Appropriations for the Waterloo Flood Control Project, Washington, D.C., April 4-6, 1983--$655.00. Motion carried. March 28, 1983 Page Six MISCELLANEOUS 83826 - Moved by Wilharm, seconded by Burton that the following applications for Beer and Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor License Permit Application plus Sunday Sales Sunnyside Country Cub, 1600 ympic, Renewal(Expires 4/1Z/84) Silver Fox Restaurant & Lounge, 916 W. 5th, (Renewal) (Expires 4/5/84) The Colony Club, 612 Maynard, (Renewal) (Expires 4/1/84) Beer License Permit Application plus Sunday Sales Walgreen Co., 2323 Crossroads Blvd.,(Renewal) Expires 4/12/84) Richard J. Clute dba Clute's Highland Market, 909 Independence (Renewal) (Expires 4/5/84) Motion carried. 83827 - Moved by Burton, seconded by Bowers that the report of City Attorney and list of bonds filed with Clerk through March 28, 1983, be received, placed on file and report and bonds approved. Motion carried. 83828 - Moved by Burton, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor `, •